Opinion Breakdown – Evenwell v. Abbott

Posted: April 13, 2016 by beguide in case summaries, Uncategorized, Updates

Background:  Citizens in Texas wanted their Districts to be calculated based on eligible voters instead of total population, arguing that unequal value of their votes violated the Equal Protection Clause

Evenwell Full Opinion

Ginsburg Majority Decision – (8-0) – The majority decisions makes three essential holdings, (1) total population has always been fine before so it’s fine now, (2)  changing the system would be a pain in the ass, and (3) non-voters are important so they should be considered too.  The third point none withstanding, it’s a remarkably conservative viewpoint from the liberal side of the bench.

Thomas concurrence – NOW WE’RE TALKING!  Thomas believes that one person, one vote is a myth and should be done away with.   The Court has never given the States a good idea of how to apply this concept so it’s about time we just did away with it.  Thomas also advocates for the Court getting out of the electoral business all together.  Generally, it’s a remarkably liberal viewpoint from the conservative side of the bench.

Alito concurrence – Alito’s decision is long and based on precedent that’s not worth discussing here.  There is nothing surprising about this opinion.


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